MAHAMMAD ANWAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr. Ujjwal R. Sareen for the applicant and learned Additional Public Prosecutor Ms. M. D. Mehta for the respondent - State.

(2.) This application is filed by the applicant under Sec. 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR registered at I-C.R.No. 11200049211876 of 2021 with Vapi GIDC Police Station, District - Valsad for the offence punishable under Ss. 302 and 34 of the Indian Penal Code and under Sec. 135 of the Gujarat Police Act.

(3.) Learned advocate Mr. Ujjawal R. Sareen appearing for the applicant submitted that the applicant is the father of the Said Anwar who was carrying axe and it was Said Anwar who was wearing a black colour floral shirt as can be seen from the various statements and it was he who had given an axe blow on the head and on leg of the deceased person. Even as per the CCTV Footage as well as arrest panchnama, the present applicant was wearing green colour shirt on the date of incident. He submits that as per the CCTV footage recovered from the Food Inn Hotel, the CCTV footage indicates that the present applicant was going into Boston Tea Stall. However, it specifically indicates that the present applicant was wearing a green shirt and it is absolutely silent about the fact that the present applicant was carrying an axe with him. He further states that as per the statement of Yogeshbhai Ashokbhai Patil who was the eye witness of the incident, a person's age around 30 years was wearing a black colour floral shirt was carrying an axe and he had given blows to the deceased which would indicate that it was not the present applicant who had given an axe blow to the deceased person and merely because the present applicant was present at the scene of offence, on that basis, he cannot be denied bail.